{"id":377187,"date":"2016-04-11T01:24:14","date_gmt":"2016-04-11T06:24:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-child-pornography-laws.html"},"modified":"2016-06-20T19:51:23","modified_gmt":"2016-06-21T00:51:23","slug":"west-virginia-child-pornography-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-child-pornography-laws.html","title":{"rendered":"West Virginia Child Pornography Laws"},"content":{"rendered":"\n
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West Virginia Child Pornography Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Photos, videos, and other materials that depict minors engaging in sexual conduct are referred to as child pornography<\/a> and are illegal under both federal and state laws. In West Virginia it is illegal to produce, possess, or distribute child pornography. The table below outlines the main aspects of West Virginia’s child pornography laws.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

West Virginia Code sections 61-8C-2<\/a> and 61-8C-3<\/a>: Child Pornography<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Producing Child Pornography<\/b>:<\/p>\n

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  • Causing or knowingly permitting, using, persuading, inducing, enticing, or encouraging a minor to engage in any sexually explicit conduct if the offender knows that the act is being photographed or filmed<\/li>\n
  • Photographing or filming a minor engaging in sexually explicit conduct, or<\/li>\n
  • Parents, guardians, or people who have custody of a minor (1) photographing or filming the minor in any sexually explicit conduct or (2) causing or knowingly permitting, using, persuading, inducing, enticing, or coercing the minor to engage in a sexually explicit act that the offender knows is being photographed or filmed<\/li>\n<\/ul>\n

    Distributing & Possessing Child Pornography<\/b>:<\/p>\n

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    • Knowingly and willfully, sending, distributing, exhibiting, possessing, displaying, or transporting any material that depicts a minor engaging in sexually explicit conduct<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Definition of "Minor"<\/b><\/td>\n

A minor is any child under 18 years old.<\/p>\n<\/td>\n<\/tr>

Definition of "Sexually Explicit Conduct"<\/b><\/p>\n<\/td>\n

Sexually explicit conduct includes any of the following (either actually performed or simulated):
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  • Genital to genital intercourse<\/li>\n
  • Fellatio<\/li>\n
  • Cunnilingus<\/li>\n
  • Anal intercourse<\/li>\n
  • Oral to anal intercourse<\/li>\n
  • Bestiality, or<\/li>\n
  • Masturbation<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Producing Child Pornography<\/b>: Felony.<\/p>\n